ccswks 02-15-1989
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SPECIAL SESSION OF THE CITY COUNCIL
FEBRUARY 15, 1989
The Schertz City Council convened in Special Workshop Session,
Wednesday, February 15, 1989, at 7:00 p.m. in the Conference Room
of the Municipal Complex, 1400 Schertz Parkway, Schertz, Texas.
The following members were present: Mayor Earl W. Sawyer,
presidingi Earl P. Hartzog; Hal Baldwini Barbara Stanhopei Adolph
Aguilar and Ken Greenwald. Staff present were City Manager Kerry
Sweatt and City Secretary June Krause.
#1 HEARING OF RESIDENTS: A. Mr. Bill Neller advised that
the flag case has been completed and invited everyone to examine
it after the meeting.
B. Mr. Perry Stapp of 11635 Lower Seguin Road in Windy Acres
Subdivision, said he and his neighbors have a problem they would
like to have help with. A gentleman that lives on Aranda Street,
Mr. Luensman, has created a junk yard. In 1983 they approached
this man before he moved in and after he had put three old cars
on the property. He told the people he would move the cars
before he moved in in June of that year. Instead he brought in
more cars. At this time there are probably about 10 to 20 cars
on the property. It is a rat and snake infested place where he
has donkeys and horses and animal s that are starving to death.
The previous weekend there were problems and the animal control
people came out and talked to him and he moved the animals but
that is only part of the problem. Mr. Stapp said once before he
was ready to file suit against this man but he keeps giving
promises that he will clean up the property but has not done so.
Mr. Stapp said he now wants it cleaned up.
Mr. Sweatt said he did not know all the circumstances but did
know we have had some pol ice call s in that area. He advised
Council he would look into the problem and see what can be done.
Another gentleman from the area said this man has a boy about 12
years old who continuall y runs a truck up and down the street
with no regard for anything.
Mr. Sweatt told Mr. Stapp he would get back in touch with him.
Mr. Sweatt also advised that the City could not enforce deed
restr ictions and encouraged the adjacent property owners to go
that route since some of the problems started prior to
annexation.
Mayor Sawyer advised that Mr. Sweatt would get back with them
within ten days to two weeks and will ask the police to take a
good look at the area.
12 Discussion of P&Z recommendation on the following:
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A. Salvaqe Enterprise request for a Specific Use Permit to allow
mobile home on their property for security.
Mr. Sweatt referred to P&Z recommendation where they voted to
disapprove this request - their primary reason being that this
man has failed to comply with actions in the past.
Mr. Aguilar asked if anything had been done on the failure to
comply. Mr. Greenwald said the man has been cited and court
action has been scheduled.
Mr. Hartzog asked if the reason for non-conformance was due to
fencing and was told it was. Mr. Hartzog said these are two
different things, he is now asking for security.
Mayor Sawyer asked if Council was ready to put this on the next
agenda and received an affirmative reply.
Mr. Baldwin said that further up I-35 there is a junk yard that
has a mobile home right out in the open. Mayor Sawyer asked the
City Manager to check that out.
B. Dannenbaum Engineering request to rezone two tracts of land
in Scenic Hills Phase II from GB to R5B.
As there were no further comments, Mayor Sawyer asked that this
item be put on the next aqenda.
#3 Discussion of final reading of an ordinance regulating
the enclosure of a junk or salvaqe yard.
Mr. Hartzog said he felt the ordinance should include shrubbery
and land barriers even though people can come in and asked for an
exception.
Mr. Aquilar said in including that, you would have to incl ude
"fence or trees" and that could cause problems.
Mr. Hartzog-advised that up near Johnson City there are a lot of
junk yards behind shrubbery and it looks real nice.
Mr. Baldwin said he did not have any problem in including
shrubberYi but, if allowed, a person could plant small trees and
it could take 10 years to hide the junk yard.
Mr. Sweatt said the sinqular biggest problem with shrubs would be
developing a maintenance standards for them.
Mr. Aguilar suggested encouraging shrubs; but to obstruct the
view, you would have to have something else also.
Mr. Hartzog said there are at least four junk yards in the city
and Council has to look at making them attractive to the people
driving down the highway.
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Mayor Sawyer then asked if there was any objection to putting
this on the next agenda. No objections.
#4 Discussion of first reading of an ordinance amending the
Subdivision ordinance Section 23.2 Lot Dimension and Section 30.3
Septic tanks.
Mr. Sweatt advised that we still propose to enforce restrictions
but because of the change in the State law, we recommend the
ordinance be up dated to come into compl iance. It would still
require a percolation test.
#5 Discussion of bids for radar units.
The City Manager said that four bids were received, ranging from
$9475 for five units to a low of $5725. There are some questions
as to specification compliance on at least one bid. However
Chief Agee is recommending the apparent low bidder in the amount
of $5725.
Mr. Hartzog asked what was the second low bid and
it was from Decatur El ectronics . He al so asked
included trade-ins. Mr. Sweatt said this price
trade.
was told that
if the price
includes the
Mr. Baldwin asked if the trade-in was part of the specifications.
Chief Agee said he left that out but did personally talk with all
bidders and advised them of the request for trade-in price prior
to receiving bids.
Mr. Henry DeVilliers, who submitted the Decatur bid, said he
could give a lower price if he included a trade in but did
continue that he could not compete with the MPH Industries bid.
He then offered to buy the old units.
Mr. Sweatt said staff recommends the apparent low bidder. He
added that he would discuss with the two representatives the
trade in and direct sale prices.
#6 Discussion of the first reading of an ordinance calling
an election for May 6, 1989.
Mayor Sawyer asked that this be on the next agenda.
#7 Discussion of Board of Adjustment Hearing on a request
by Jesse Hellums for a non-conforming Use for Oak View Mobile
Home Park.
Mr. Sweatt referred Council to the recommendation from P&Z for a
BOA hearing on this request. He advised that the fee has been
paid for the hearing.
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Mr. Hartzog asked if someone would be present to address the fire
hydrant question.
Mr. Simonson commented that there is a fire hydrant on Schertz
Parkway that touches this property - it is much closer than staff
had originally thought.
Mr. Hartzog referred to our ordinance that requires fire hydrants
to be no further than 500 feet. Mr. Simonson advised that the
hydrant comes right close to that figure. The whole proposal
that Mr. Hellums brought to Council is that he does not intend to
keep the property as mobile home park but just until it develops.
Mr. Aguilar asked if there was a time period for this
development. Mr. Simonson said it is up to Council and suggested
a time limit be placed on the request.
Mr. Hartzog asked what the liability would be if Council permits
this without fire hydrants.
Mr. Sweatt said the best defense is that it came into the city
that way and we have allowed it to continue but not to expand.
Mr. Aquilar stated that the property is a lot better looking now
that it was before being purchased by Mr. Hellums.
*8 CITY MANAGER'S REPORT: A. The State Hiqhway is having
an open house February 16th from 3 to 5:00 p.m in Seguin. Anyone
who can go is invited. The open house is to introduce us to the
new people and facilities.
B. Each Councilmember has been invited to the Grand Opening of
Jack in the Box on 1-35 between the hours of 2 and 5 on the 26th
of February. They would like a RSVP by the 17th.
C. Concerninq sewer billing averaging, we are not through with
all cycles but up to this point, it would appear the usage is
only up about 2% on the average. At this stage we are still very
generally in line.
#9 ITEMS BY COUNCIL: Mr. Aauilar: A. the area around
Schertz Parkway looked bad but now looks pretty qood. Mr. Sweatt
said this is the most visible water line we have had in a lonq
time.
B. Noticed in the reports the difference between the bill ing
usage and pumping figures. Mr. Sweatt said this is mainl y
because of cycle billing but he will check on that.
Mr. HartzoQ': A. Went to a presentation on
election and another will be held by the PTA.
the school bond
He said everyone
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needs to go and find out what they will be doing with the money.
It was a very interesting presentation.
B. Economic Development Task Force will meet February 23rd at
7:00 p.m. at the Library and everyone is invited.
C. In reading the Health Inspection report, do not see where the
inspector went back to the Bishop Corner, what is the status.
Mr. Sweatt said he has made additional contact and some
deficiencies have been complied with. Mr. Sweatt said he would
have a report next week.
D. Overtime in the Animal Control department. He said two years
back we had two people and put another one on to take care of
this and we are now paying overtime for them to clean on Sunday.
They should be put on shifts to compensate for coming in on
Sundays. Mr. Hartzog said he fel t a better schedule could be
worked out. He also asked where do you draw the line as to who
draws overtime. Mr. Sweatt said in most overall cases the
Department Heads - administrative person does not draw overtime.
In the case of the animal control, it has been assumed that this
is work that has to be done over and beyond the administrative
job.
Mr. Baldwin suggested money could be saved by hiring a mlnlmum
wage employee to clean the cages. Mr. Sweatt said he would look
into it.
D. Mr. Hartzog said he was concerned about the lack of concern
of the animal control employees dur ing the cold spell the
puppies were taken to a Humane Society member's house.
Mr. Sweat said he did feel defensive - if anyone has a complaint
about one of our employees, they should come in and talk to him
about it.
Mr. Simonson added that he had personally checked the facilities
dur ing the cold spell and they had put up barricades and put
blankets in the cages. Based on past experience, we did not feel
there was a problem.
Mr. Sweatt said he would like to encourage that if there is a
problem with an employee to let him know about it and he would
deal with it. He said he felt our department has worked hand and
glove with the Humane Society; but we first are in the business
of animal control and hope we have the kind of people in that
department that can deal with animals.
E. Do we have a problem with fixtures falling down on people in
the pavilion at the park. Mr. Sweatt said we have had
circumstances in the past but it is being dealt with now.
F. Mr. Hartzog commented about kids hanging around the restrooms
early in the morning from Corbett school and causing damage. He
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asked if it would be possible to lock those restrooms during this
particular time period. He added that he knew it would be a
problem to lock and unlock every morning. Mr. Sweatt said he
would look at what would be involved in locking and unlocking.
Mrs. Stanhope: A. Has the Police Chief started the plan to have
programs in the schools. Mr. Sweatt said he has not instituted a
full program but he has started Crime Prevention in the schools.
One of the things discussed that would be nice to do would be to
assign a patrol officer to each school but that would require
people that we do not have at present.
B. Suggested having the Chief meet with the Senior Citizens at
their next meeting. Also maybe in the coming months the City
Manager could meet with them also.
Mr. Baldwin: A. Reported on a Legislative Luncheon he, Mr.
Sweatt and Mr. Aguilar attended in Austin. We suggested that
Council needs to keep abreast of legislation and keep in contact
with our leqislators.
B. What about the abandoned vehicles in the City. Mr. Sweatt
said he is about ready to go to the attorney and prosecutor on
this to see that they can support what we are trying to do. He
said he hoped to bring this to Council the early part of March to
a workshop.
Mrs. Stanhope asked if this would help the situation on I-35.
Mr. Sweatt said it is difficult to enforce a pre existing
condition. We can cite them and it would go to court and if
found guilty, then it could be appealed to County court. He said
our best bet is in the business of harassment.
Mr. Aguilar asked that other than health nuisance, what could
they be cited on. Mr. Sweatt said not much other than health and
fire.
Mr. Baldwin asked the status of the warrant situation. Mr.
Sweatt answered that off duty personnel are serving warrants and
being paid the fee. Probably by the next budget year, we will be
coming to Council with some changes.
Mr. Greenwald: A. Did we get a letter out to the civil leaders
appointed. Yes
B. There was a gentleman at the P&Z meeting who is opening a new
business - principally wholesaling but 20% retail.
#10 ITEMS BY MAYOR: Announced that there is a fine group
of people working with the Economic Development Task Force.
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#11 ADJOURNMENT:
adjourned at 8:48 p.m.
ATTEST:
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Mayor Sawyer declared the meeting